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Section 70: Rules where laws conflict

Bills Of Exchange Act · PART I: BILLS OF EXCHANGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

70. Rules where laws conflict Where a bill drawn in one country is negotiated, accepted, or payable in another, the rights, duties, and liabilities of the parties to it are determined as follows— (a) (i) subject to subparagraphs (ii) and (iii), the validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement or acceptance supra protest, is determined by the law of the place where the contract was made; (ii) where a bill is issued out of Mauritius, it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue; [Issue 1] B7 – 26 Revised Laws of Mauritius (iii) where a bill, issued out of Mauritius, conforms, as regards requisites in form, to the law of Mauritius, it may, for the purpose of enforcing payment, be treated as valid as between all persons who negotiate, hold, or become parties to it in Mauritius; (b) subject to this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where the contract is made; (c) the duties of the holder with respect to presentment for acceptance or payment and the necessity for or sufficiency of a protest or otherwise, are determined by the law of the place where the act is done or the bill is dishonoured; (d) where a bill is drawn out of but payable in Mauritius and the sum payable is not expressed in the currency of Mauritius, the amount shall, in the absence of some express stipulation, be calculated according to the rate of exchange for sight drafts at the place of payment on the day the bill is payable; (e) where a bill is drawn in one country and is payable in another, the due date is determined according to the law of the place where it is payable. PART II – CHEQUES ON A BANKER

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